By Bryan Miller
WOODLAND, CA – Yolo County Superior Court Judge Sonia Cortés continued the resentencing hearing of an accused man for an incident that occurred in 2002 last week because Deputy District Attorney Stephanie Zeitlin could not stay later than 3:15 p.m.
The accused was originally charged with two felony counts of assault on an officer, one count of obstructing officers, one count of evading an officer, one count of assault resulting in bodily injury and one count of possession with the intent to sell a controlled substance along with several enhancements. These charges resulted in a 25-year prison sentence for the accused.
Deputy Public Defender Sarah Johnson was asking Judge Cortés to strike the Prison Priors of the accused under SB 483. which prevents an increase to an individual’s sentence because of Prison Priors.
DPD Johnson also requested that two of the accused’s prior strikes be stricken to allow for a lesser sentence as well as a “Nickel Prior,” that is already stayed, be stricken.
DPD Johnson also stated the accused would be willing to waive his excess prison credits in order to be able to serve a full length parole sentence. The accused has been in custody since his conviction in 2007.
At the end of the resentencing hearing, after both DDA Zeitlin and DPD Johnson had presented their arguments, Judge Cortés stated that she needed more information.
Judge Cortés said the court needed the factual information about injuries that a deputy had sustained from the accused, and without that info would not be able to make her ruling and requested the attorneys work together to find it.
DPD Johnson stated they could find it that afternoon and come back to present it to Judge Cortés.
However, DDA Zeitlin stated she could not come back later because of a time conflict she had that afternoon. In response to this DPD Johnson requested they take a shorter break than proposed because she felt as though she would be able to find the information quickly. DDA Zeitlin still said that it would conflict with her prior commitment.
Judge Cortés stated she did not wish to proceed with the resentencing any longer because it already was a lengthy process with the written briefs to read, and said the case should be continued to ensure they had enough time.
The accused’s resentencing hearing will continue May 28.
